This week the Supreme Court issued a new opinion in a case that involved the scope of personal jurisdiction in a nationwide mass action brought in a state court. Although it is not entirely clear the extent to which this decision may apply in a class action or in a case brought in federal court, … Continue Reading
The Supreme Court recently decided a case involving an Xbox 360, although the issue before them had nothing in particular to do with the video game system itself. It got me wondering, however, how many justices would you guess have played a video game on an Xbox 360? The answer might be zero. But the … Continue Reading
Justice Scalia made major contributions to class action law, writing the Supreme Court’s opinions in Wal-Mart Stores, Inc. v. Dukes and Comcast Corp. v. Behrend, two of the Court’s most significant class action decisions in this decade. Following President Trump’s nomination of Tenth Circuit Judge Neil M. Gorsuch to replace Justice Scalia, although it may … Continue Reading
The U.S. Supreme Court recently granted certiorari in class action cases involving: (1) class action waivers in employment contracts; and (2) whether filing of a securities class action tolled a statute of repose. In both cases the questions presented are relatively narrow, but opinions issued by the Supreme Court potentially could have broader implications for … Continue Reading
Today the Supreme Court issued its long-awaited decision in Spokeo, Inc. v. Robins, addressing whether the plaintiff had standing to sue in a putative class action brought under the Fair Credit Reporting Act (“FCRA”). Like some other opinions we have seen from the eight-member Court following Justice Scalia’s death, this decision is relatively narrow in … Continue Reading
Today, the Supreme Court issued its opinion in Tyson Foods v. Bouaphakeo, addressing the use of statistical evidence in class actions. The plaintiffs’ bar will undoubtedly claim the decision as a victory because class certification was upheld. But I don’t think that’s right. The decision (a 6-2 opinion by Justice Kennedy, with Justices Thomas and … Continue Reading
As our nation and especially the legal community mourn the death of one of the most charismatic and influential Supreme Court justices in our history, one question that might be asked is how Justice Scalia’s death might impact pending class action cases. There are two pending class action cases of broad significance: Spokeo, Inc. v. … Continue Reading
Today the U.S. Supreme Court decided Campbell-Ewald Co. v. Gomez, No. 14-857. The question presented was whether an unaccepted offer of full relief on the named plaintiff’s individual claim will render a putative class action moot. The answer is “no,” according to a 5-3 opinion by Justice Ginsburg (with a separate concurrence by Justice Thomas). … Continue Reading
Tyson Foods, Inc. v. Bouaphakeo, the third and last of the three class action cases that the U.S. Supreme Court is hearing this Fall was argued yesterday. Articles in the New York Times and USA Today have suggested that the plaintiffs are likely to win this case because Justice Kennedy’s comments suggested he would side … Continue Reading
Yesterday, the Supreme Court heard oral argument in Spokeo, Inc. v. Robins, No. 13-1339 (SCOTUSBlog page). The question presented is “Whether Congress may confer Article III standing upon a plaintiff who suffers no concrete harm, and who therefore could not otherwise invoke the jurisdiction of a federal court, by authorizing a private right of action … Continue Reading
Campbell-Ewald Co. v. Gomez was argued yesterday in the U.S. Supreme Court. It is one of several major class action cases that will be decided by the Court this Term. It presents the question of whether a putative class action case becomes moot when the defendant offers complete relief to the named plaintiff (for more … Continue Reading
The U.S. Supreme Court recently granted certiorari in Spokeo, Inc. v. Robins, No. 13-1339 (SCOTUSblog page), to decide whether a plaintiff who does not suffer any injury has Article III standing to sue for violation of a federal statute. The case will not be argued until the next Supreme Court Term, likely in October. It … Continue Reading
Yesterday, the U.S. Supreme Court issued its opinion in Dart Cherokee Basin Operating Co., LLC v. Owens, No. 13-719 (slip opinion). Unsurprisingly, the Court held that a notice of removal under the Class Action Fairness Act does not need to attach evidence regarding the amount in controversy. Given that the removal statute requires a notice … Continue Reading
The U.S. Supreme Court heard oral argument this week in Dart Cherokee Basin Operating Co. v. Owens, No. 13-719 (SCOTUSblog page) (transcript). This case involves whether a defendant must provide evidence with its notice of removal under the Class Action Fairness Act to support the amount in controversy. I wrote about this case after certiorari … Continue Reading
Earlier this week, the U.S. Supreme Court granted certiorari in Dart Cherokee Basin Operating Co., LLC v. Owens, No. 13-719 (docket). The question presented is: Whether a defendant seeking removal to federal court is required to include evidence supporting federal jurisdiction in the notice of removal, or is alleging the required “short and plain statement … Continue Reading
Today, the U.S. Supreme Court issued its second decision construing the Class Action Fairness Act of 2005 (“CAFA”) in Mississippi ex. rel. Hood v. AU Optronics Corp., No. 12-1036 (slip opinion). In a unanimous opinion authored by Justice Sotomayor (for whom I was a law student intern years ago when she was on the Second … Continue Reading
The U.S. Supreme Court recently heard oral argument in its second case involving the Class Action Fairness Act (“CAFA”), which is Mississippi ex. rel. Hood v. AU Optronics Corp., No. 12-1036 (see oral argument transcript; SCOTUSblog page). The question presented is “Whether a state’s parens patriae action is removable as a ‘mass action’ under the … Continue Reading
The U.S. Supreme Court recently issued its opinion in American Express Company v. Italian Colors Restaurant, No. 12-133, addressing whether an arbitration clause prohibiting class-action arbitrations is enforceable when the cost of arbitrating a federal statutory claim on an individual basis exceeds the potential recovery. The Court held, 5-3, that such prohibitions on class arbitrations … Continue Reading
Yesterday, the U.S. Supreme Court issued its opinion in Oxford Health Plans LLC v. Sutter, No. 12-135, addressing whether an arbitrator exceeded his powers in deciding that a contract provided for class arbitration (i.e., a class action arbitration proceeding). The Court held that the arbitrator did not exceed his powers in making that ruling, although … Continue Reading
Next Term, the U.S. Supreme Court will decide whether, or under what circumstances, a lawsuit brought by a state attorney general as a parens patriae action is removable as a “mass action” under the Class Action Fairness Act (CAFA). This week the Supreme Court granted certiorari in Mississippi ex rel. Hood v. AU Optronics Corp., … Continue Reading
On April 1, the Supreme Court issued “GVR” (grant, vacate and remand) orders in two cases, summarily instructing the courts of appeals to reconsider their prior decisions in light of the Court’s recent Comcast Corp. v. Behrend decision. The opinions that were vacated and remanded were Ross v. RBS Citizens, NA, 667 F.3d 900 (7th … Continue Reading
Today the U.S. Supreme Court decided Comcast Corp. v. Behrend, No. 11-864 (slip opinion), which presented the question of whether a class action can be certified in federal court without admissible evidence that damages are susceptible to proof on a class-wide basis. The Court’s answer was that, under Rule 23(b)(3)’s predominance requirement, the plaintiffs had … Continue Reading
Yesterday, the U.S. Supreme Court issued its opinion in The Standard Fire Insurance Company v. Knowles, No. 11-1450 (slip opinion), which involves the Class Action Fairness Act of 2005 (CAFA). In a unanimous opinion authored by Justice Breyer, the Court overturned the district court’s decision remanding a putative class action to state court. The Court … Continue Reading
What restrictions are there, if any, on companies’ use of arbitration clauses that prohibit class action arbitrations? On February 27, the U.S. Supreme Court heard oral argument in a case that may address that question. American Express Company v. Italian Colors Restaurant, No. 12-133 (transcript) is a sequel to the Supreme Court’s 2011 decision in … Continue Reading
